D.S. KARANT Vs. UNION OF INDIA

JUDGEMENT

(1.) By this Petition, Petitioner challenges judgment and order dtd. 27/5/2004 passed by Central Administrative Tribunal (hereinafter referred to as 'Tribunal ') dismissing Original Application No.1062 of 1999.

(2.) The case has chequered history of multiple litigations between the parties. Petitioner is 1969 batch Indian Revenue Service Officer. He came to be promoted to the post of Additional Commissioner and at the relevant time, was posted at Mangalore. Petitioner claims to have received information through Mr. K.A. Nayar, Appraising Officer about landing of contraband silver at Mangalore, which was intercepted on the high sea in the night of 17/18/12/1990. The informer was entitled a reward of Rs.1,000.00 per kg. of silver seized and therefore Mr. Nayar requested Petitioner to recommend reward to the informer. Petitioner made such a recommendation for disbursal of amount of Rs.87,77,000.00 to the Informer. The Department however disbelieved the theory of seizure being done on the basis of alleged information given by the informer through Mr. Nayar.

(3.) Petitioner was issued memorandum charge-sheet dtd. 7/8/1995 alleging two charges. In the first charge it was alleged that the seizure of smuggled silver was not based on any prior information received by Mr. Nayar nor such informer existed. That Petitioner actively helped Mr. Nayar in planting a non-existing informer with malafide intention of appropriating the reward amount. In the second charge, it was alleged that the Petitioner failed to discharge his official duties as senior supervisory officer inasmuch despite availability of officers to look after preventive and anti-smuggling activities at Mangalore, he authorized Mr. Nayar, Appraiser to do preventive and anti-smuggling work by passing regular preventive orders.